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1999-155 O INANCENO g4 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY- HORN AND ASSOCIATES, INC, FORT WORTH, TEXAS, FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN AND CONSTRUCTION OF A TWENTY INCH WATER MAIN ALONG FORT WORTH DRIVE (U S HIGHWAY 377) FROM BENT CREEK ESTATES TO HAMILTON ROAD, IN DENTON, DENTON COUNTY, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council deems that it is in the public interest to engage Klmley- Horn and Associates, Inc, a Corporation ("KH"), to provide professional engineering services to the City respecting the design and construction of a certain twenty inch water main, approximately 8500 feet in length, along Fort Worth Drive (U S Highway 377) from Bent Creek Estates to Hamilton Road, in Denton, Denton County, Texas, and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-described professional engineering services, and that limited City staff cannot adequately perform the services and tasks w~th its own personnel, and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the professional consulting services, as set forth in the Professional Services Agreement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute a Professional Services Agreement wath Klmley-Hom and Associates, Inc, a Corporation, of Fort Worth, Texas, for professional engineering services pertaining to the design and construction of a certain twenty inch water mmn along Fort Worth Drive (U S Highway 377), from Bent Creek Estates to Hamilton Road, in Denton, Denton County, Texas, in substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference SECTION II That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of KH and the ability of KH to perform the services needed by the City for a rant and reasonable price SECTION III That the expenditure of funds as prowded ~n the attached Professional Services Agreement is hereby authorized SECTION IV That th~s ordinance shall become effective ~mmedlately upon its passage and approval ,1 99 JAC~]I~LER~ MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY S \Our Do~uments\Ordmanc~s\99~K H Engr PSA Hwy 377 Wlr doc STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR ENGiNEERING SERVICES PERTAINING TO THE DESIGN AND CONSTRUCTION OF A TWENTY INCH WATER MAIN ALONG FORT WORTH DRIVE (U S HIGHWAY 377), FROM BENT CREEK ESTATES TO A POINT APPROXIMATELY 1,500-FT NORTH OF CRAWFORD ROAD, IN DENTON, DENTON COUNTY, TEXAS THIS AGREEMENT is made and entered into as of the //~---/q day of t'~t2d,,p~ ,1999, by and between the City of Denton, Texas, a Texas Mumcipal Corp'or~ttl°~, with its principal offices at 215 E McKlnney Street, Denton, Texas 76201 (hereinafter "OWNER") and IQmley-Hom and Associates, Inca Corporation, w~th its offices at 801 Cherry Street, Suite 1100, Fort Worth, Texas 76102 (hereinafter "CONSULTANT"), the parties acting herein, by and through their duly-authorized representatives and officers WITNESSETH, that in consideration of the covenants and agreements herein contained, the pames hereto do mutually AGREE as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein tn connection with the Project as stated m the Articles to follow, with diligence and in accordance w~th the professional standards customarily obtained for such services in the State of Texas The professional services set forth herein are in connectson with the follouang described project Englneenng services pertanmng to the design and construction of a twenty inch water mann approximately 17,800 feet in length along Fort Worth Drive (U S Highway 377) from Bent Creek Estates to approximately 1,500 feet north of Crawford Road, in Denton, Denton County, Texas (the "ProJect") ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner A To perform all those services and tasks as set forth in CONSULTANT'S "Scope of Services", which is a five (5) page document attached hereto and incorporated herewith by reference as Exhibit "A" B If there is any conflict between the terms of this Agreement and the two Exhibits attached to this Agreement, the terms and conditions of this Agreement shall govern and shall control over the terms and conditions of the Exhibits ARTICLE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Scope of Services, set forth in Article II A above, are as follows A During the course of the Project, as requested by OWNER, CONSULTANT will be avmlable to accompany OWNER's personnel when meeting uath the Texas Natural Resource Conservation Commission, U S Environmental Protection Agency, or other regulatory agencies The CONSULTANT will assist OWNER's personnel on an aa-needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts B Assisting OWNER or contractor in the defense or prosecution of htlgatlon in connection with or in addition to those services contemplated by th~s Agreement Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to tbas Agreement C Sampling, testing, or analysis beyond that spemfically included in the Scope of Services referenced herelnabove D Preparing applications and supporting documents for government grants, loans, or planmng advances, and providing data for detailed apphcaUons E Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings artmng from the development or construction of the ProJect, including the preparation of englneenng data and reports for assistance to the OWNER F Providing addltxonal easement or right-of-way acqmsition services G Providing additional presentation(s) to the Denton Public Utility Board and/or the Cxty Council H Provide construction stalong I Provide additional pnntlng for bidding document dlstnbutmn J Provide additional documentation reqmred by the OWNER's legal representative dunng condemnation proceedings K Provide any easement acqmsluon services beyond the preparation of the easement document L Obtmn right of entry for easement survey M Additional meetings dunng construction N Provide shop dravang review other than boring submittals O Attend final walk-through ARTICLE IV PERIOD OF SERVICE Th~s Agreement shall become effective upon executmn by the OWNER and the CONSULTANT and upon the ~ssuance of a not~ce to proceed by the OWNER, and shall mmmn ~n force for the period whmh may reasonably be reqmred for the completmn of the ProJect, including Addit~onal Services, ~f any, and any reqmred extensions approved by the OWNER Ttus Agreement may be sooner terminated m accordance w~th the prowslons hereof T~me Is of the essence m this Agreement The CONSULTANT shall make all reasonable efforts to complete the services set forth m Exlub~t "A" hereto, as expeditiously as possible, ~n accordance w~th the Schedule shown at page five (5) of smd Exhibit "A" ARTICLE V COMPENSATION A COMPENSATION TERMS 1 "Subcontract Expense" ~s defined as expenses ~ncurred by CONSULTANT ~n the employment of others xn outside firms, for servmes in the nature of professional eng~neenng, surveying, or related serwces Any subcontract or subconsultant bflhng reasonably incurred by the CONSULTANT ~n connection w~th the Project shall be ~nvomed to OWNER at the actual cost plus ten (10%) pement 2 "D~rect Non-Labor Expense" ~s defined as that expense, based upon actual cost, for any assignment or expense reasonably ~ncurred by the CONSULTANT xn the performance of this Agreement for supplies, transportation and eqmpment, travel, commumcatlons, subsistence, and lodging away from home, and sxmdar mmdental expenses ~n connection w~th that assignment, expressly ~nclud~ng, w~thout hm~tat~on, telephone charges, telecopy charges, pnnt~ng and reproduction costs, and other ~nc~dental expenses ~ncurred ~n connectton w~th the Project Direct Non-Labor Expenses shall be mvmced to OWNER at CONSULTANT's actual cost, w~th the exception of photocopy charges, which shall be billed at a rate not to exceed ten cents per copy, and telecopy charges, which shall be billed at a rate not to exceed fifty cents per copy for outgoing telecoples from CONSULTANT There shall be no charge by CONSULTANT for incoming telecoples To the extent that the prows~ons of Article V of th~s Agreement conflmt w~th the provisions of paragraph 4 of Exhibit "B", attached hereto and described hereafter, the prowslons of Amcle V of th~s Agreement shall govern B BILLING AND PAYMENT For and ~n constderat~on of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay CONSULTANT (based upon the satisfactory completmn of the five Tasks set forth ~n the Scope of Servmes as shown ~n Exh~bxt "A" hereto, at the hourly rates set forth ~n Exhibit "B", entitled "Compensation', whmh ~s attached hereto and made a part of th~s Agreement), a total lump-sum fee, ~nclud~ng reimbursement for Subcontract Expense and Direct Non-Labor Expense, ~n the amount of $172,800 00 Parttal payments to the CONSULTANT wtlt be made on the basis of detatled monthly statements rendered to and approved by the OWNER through 1ts Assistant City Manager for Ut~ht~es or bas designees, however, under no ctrctunstances shall any monthly statement for services exceed the value of the work performed at the t~me a statement ~s rendered The OWNER may w~thhold the final five (5%) percent of the contract amount until satisfactory completmn of the Project Nothing contmned ~n ttus Article shall reqmre the OWNER to pay for any work wtuch ~s unsatisfactory as reasonably determined by the Assistant C~ty Manager for Uttht~es or bas designee, or wbach ~s not submitted to the OWNER in comphance vath the terms of this Agreement The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT ~s ~n default under th~s Agreement It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to flus Agreement which would reqmre add~tmnal payments by the OWNER for any charge, expense or reimbursement above the maximum not to exceed fee as stated heremabove, wathout first hawng obtained written authonzatmn from the OWNER CONSULTANT shall not proceed to perform the services listed ~n Artmle III "Additional Services" w~thout obtmmng prior written authortzataon from OWNER C ADDITIONAL SERVICES For addmonal services authorized ~n writing by the OWNER ~n Amcle III herelnabove, CONSULTANT shall be prod based on the Schedule of Charges at the hourly rates set forth ~n Exhibit "B" Payments for additional servmes shall be due and payable upon subm~ssmn by the CONSULTANT, and shall be ~n accordance w~th Amcle V B here~nabove Statements shall not be submitted to OWNER more frequently than monthly D PAYMENT If the OWNER fatls to make payments due the CONSULTANT for services and expenses w~th~n s~xty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be ~ncreased by the rate of one percent (1%) per month from the smd s~xt~eth (60th) day, and m add~tton, the CONSULTANT may, after g~wng ten (10) days' written notice to the OWNER, suspend servmes under flus Agreement until the CONSULTANT has been prod ~n full for all amounts then due and owang, and not d~sputed by OWNER for servmes, expenses and charges Prowded, however, nottung here~n shall reqmre the OWNER to pay the late charge of one pement (1%) per month as set forth herein, ff the OWNER reasonably determmes that the work ts unsatisfactory, m accordance w~th Amcle V of flus Agreement ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT w~ll exem~se reasonable care and due dthgence ~n d~scovermg and promptly repomng to the OWNER any defects or deficiencies ~n the work of the CONSULTANT or any of ~ts subcontractors or subconsultants ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement The CONSULTANT is entitled to retmn copies of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be applicable to thxs project and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense In the event the OWNER uses the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to flus agreement, CONSULTANT is released from any and all liability relating to their use m that project ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or clatm any right arising from employee status ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and against any and all hablhty, clmms, demands, damages, losses and expenses, including but not hmlted to court costs and reasonable attomey fees recurred by the OWNER, and lnclu&ng w~thout hm~tatmn damages for bodily and personal lnjury, death and property damage, resulting from the neghgent acts or omissions of the CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution, operation, or performance of th~s Agreement Nottung in this Agreement shall be construed to create a liability to any person who is not a party to tlms Agreement and nothing hereto shall wmve any of the party's defenses, both at law or eqmty, to any clmm, cause of action or litigation filed by anyone not a party to ttus Agreement, including the defense of governmental lmmumty, wbach defenses are hereby expressly reserved ARTICLE X INSURANCE Dunng the performance of the Services under this Agreement, CONSULTANT shall malntmn the follovang insurance w~th an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency, that has a rating with A M Best Rate Careers of at least an "A-" or above A Comprehensive General Liability Insurance w~th bodily mlury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate B Automobile Llabdlty Insurance with bodily in.jury hmlts of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident C Worker's Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $100,000 for each accident D Professional Llablhty Insurance with limits of not less than $1,000,000 annual aggregate E CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages The insurance policies shall name the OWNER as an additional insured on all such policies to the extent legally possible, and shall contain a provlsmn that such insurance shall not be cancelled or modified without thirty (30) days prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies furnishing at least the same policy limits and coverage to OWNER ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation No arbitration or alternate dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval ARTICLE XII TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by providing thirty- (30) days advance written notice to the other party B This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under flus Agreement No such termination will be effected unless the other party is given (1) written notice (delivered by certified mall, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination C If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of termination being received by CONSULTANT, in accordance with Article V of this Agreement Should the OWNER subsequently contract with a new consultant for the continuation of services on the ProJect, CONSULTANT shall cooperate in providing information to the OWNER and the new consultant If applicable, OWNER shall allow CONSULTANT reasonable time to transition and to tum over the ProJect to a new Consultant CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination but may matntmn copies of such documents for its files ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the responsibility and hablllty of the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to this Agreement, nor shall such approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants ARTICLE XIV NOTICES All notices, commumcations, and reports reqmred or permitted under this Agreement shall be personally delivered or totaled to the respective part~es by depositing same ~n the Umted States mml at the addresses shown below, by means of U S Mall, postage prepaid, certified mall, return receipt requested, unless othervase specified herein To CONSULTANT To OWNER Klmley~Hom and Associates, Inc C~ty of Denton, Texas Glenn Gary, P E Howard Martin, ACM/Utilities 801 Cherry Street, Suite 1100 215 East McKtnney Fort Worth, Texas 76102 Denton, Texas 76201 All notices under tins Agreement shall be effective upon their actual receipt by the party to whom such notice is given, or three (3) days after mmhng notice, whichever evem shall first occur ARTICLE XV ENTIRE AGREEMENT Ttus Agreement consimng of ten (10) pages and two (2) Exhibits consUtutes the complete and final lexpression of the Agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications understandings, and agreements winch may have been made in connection with the subject matter of this Agreement ARTICLE XVI SEVERABILITY If any prowslon of tins Agreement ~s found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remmnder of this Agreement, and shall not cause the remmnder to be invalid or unenforceable In such event, the parties shall reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the original intentions of the parties respecting any such stricken provision ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply wlth all federal, state, local laws, rules, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate agmnst any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap ARTICLE XIX PERSONNEL A CONSULTANT represents that ~t has or will secure at 1ts own expense all personnel reqmred to perform all the services required under this Agreement Such personnel shall not be employees or officers of, nor have any contractual relations with the OWNER CONSULTANT shall reform the OWNER of any conflict of interest or potential conflict of interest that may arise dunng the term of this Agreement B All servmes required hereunder will be performed by the CONSULTANT or under its direct supervision All personnel engaged in performing the work provided for in th~s Agreement, shall be qualified, and shall be authorized and permitted under state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in tins Agreement and shall not transfer any interest ~n this Agreement (whether by assignment, novation or otherwise) w~thout the prior written consent &the OWNER CONSULTANT shall notify OWNER of any change of its name and any s~gmfieant change ~n its corporate structure or operations ARTICLE XXI MODIFICATION No wmver or modification of tins Agreement or of any covenant, condition, limitation herein contmned shall be valid unless in writing and duly executed by the party to be charged therewith No evidence of any wmver or mochficatlon shall be offered or received ~n evidence ~n any proceeding arising between the part,es hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such wmver or modification is in writing, duly executed The part,es further agree that the provisions of this Article will not be waived unless as herein set forth ARTICLE XXII MISCELLANEOUS A The following Exhibits are attached to and made a part of this Agreement 1 Exhtbtt "A" ("Scope of Servtces" cons~sUng of five pages) 2 Exhtb~t "B" ("Compensation" consisting of two pages) B CONSULTANT agrees that OWNER shall, unttl the exptratton of three (3) years after the final payment made by OWNER under flus Agreement, have access to and the right to examxne any d~rectly pertinent books, documents, papers and records of the CONSULTANT lnvolvtng transactions relating to th~s Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be prowded adequate and appropriate working space in order to conduct examinations or audits ~n comphance w~th tlus Article OWNER shall give CONSULTANT reasonable advance nonce of all xntended examinations or audits C Venue of any stat or cause of acuon under this Agreement shall he exclusively ~n Denton County, Texas Th~s Agreement shall be governed by and construed in accordance with the laws of the State of Texas D For the purpose of th~s Agreement, the part,es agree that Glenn Gary shall serve as the ProJect Manager for CONSULTANT Thts Agreement has been entered ~nto wtth the understanding that Glenn Gary shall serve as the key person on the Project However, nothing here~n shall hm~t CONSULTANT from using other quahfied and competent members ofthelr ftnn to perform the services reqmred herem under its supervaston or control E CONSULTANT shall commence, carry on, and complete 1ts work on the Project w~th all apphcable d~spatch, and m a sound, economical, efficient manner, and ~n accordance w~th the prows~ons hereof In accomphshmg the ProJect, CONSULTANT shall take such steps as are appropriate to ensure that the work revolved ts properly coordinated w~th related work being earned on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's d~sposal all avadable ~nformat~on perUnent to the Project, ~ncludmg prewous reports, any other data relative to the ProJect and arranging for the access to, and make all provisions for the CONSULTANT to enter ~n or upon, pubhc and private property as reqmred for the CONSULTANT to perform professional serwces under tlus Agreement G The capttons of th~s Agreement are for ~nformaUonal purposes only and shall not in any way affect the substantive terms or conditions ofthts Agreement IN WITNESS WHEREOF, the C~ty of Denton, Texas has executed th~s Agreement ~n four (4) original counterparts, by and through ~ts duly-authorized City Manager, and CONSULTANT has ex~guted this Agreement by and through ~ts duly-authorized undersigned officer, on this the //f,i~ dayof c~Zg~- ,1999 "CITY" CITY OF DENTON, TEXAS ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY "CONSULTANT" KIMLEY-HORN AND ASSOCIATES, INC, a Corporation Charles M Staples, P E / Vine-President ATTEST EXHIBIT A to Agreement Between the Ctty of Denton, Texas (OWNER) and Klmley-Horn and Associates, Inc (CONSULTANT) for Professional Services SCOPE OF SERVICES 1 This Is an exhibit attached to, made a part of and incorporated by reference into the Agreement between OWNER and CONSULTANT providing for professional engineering services 2 UNDERSIGNED shall prepare construction plans, details, specifications, permits, and Oplmon of Probable Construction Cost for the following The 20-1nch Waterline in U S Highway 377 3 Project understanding 20-1neb Waterline along U.S. l-hghway 377 The 20-inch waterline along U S Highway is approximately 17,800 feet Phase 1 is approximately 8,500 feet The general alignment ~s along Highway 377 from the north side of the Burhngton Northern Santa Fe Railroad to Hamilton Rd Phase 2 is approxunately 9,300 feet The general ahgnment is along Highway 377 from Hamilton Rd to a point approxunately 1,500 feet north of Crawford Rd Kunley-Hom will provide an alignment analysis concerning placement of the water line e~ther on the east or west s~de of Htghway 377 The current prehmmary and final design scope of services ~s based on an eastern ahgnment If the ahgmnent analysis favors placement of the water line on the west s~de of the htghway the prelmamary and final design scope of scope of services and fee will be rewsed 4 20-tach Waterhne along U.S. Highway 377 Task 1 - Ahgnment Analysis The Ahgnment Analys~s Task ~s to prowde addmonal coordination prior to the survey and geotechmcal investigations Ttus task will focus on promdlng a recommendatton on wluch side of the h~ghway to place the water hne, and whether to locate it within the Highway right-of- way or a utthty easement Professional servtces under this task shall include A Collect data on ex~st~ng ntflmes and infrastructure along the proposed water hne route Klmley-Horn will coorthnate w~th the following 1 City of Denton Uulates 2 City of Denton Engineering Department 3 GTE Page 1 4 Lone Star Gas 5 TXDOT 6 Union Pacihc Railroad 7 Burhngton Northern and Santa Fe Radmad 8 Marcus Cable 9 Corp of Engineers B Provide recommendation for alignment of proposed 20-tach waterline, ~ncludmg alignment /'or bores across highways, railroads, and creeks C Provide information on penmttmg requirements for TxDOT, Corp of Engineers, and Railroads D Provide recommendations for locating the water line in the Highway right-of-way or a utility easement E Prepare cost comparison between water line placement within the Highway right-of-way or a utility easement F Prepare Opinion of Probable Construction Cost G Attend one meeting to present results and deliverables and receive comments H Services provided by OWNER I Provide water, sewer, storm sewer, and electric locations 1 Provide existing mformatmn including record drawings, and construction plans 2 Provide comments on Routing and Alignment Report I Deliverables 1 3 - copies of the Letter Report with findings of the Alignment Analysis 2 3 - copies of the Opinion of Probable Construction Cost Task 2 - Prelumnary Design Once the OWNER has finalized the Alignment, Klmley-Horn will proceed with the Preliminary Design or 60% plans and specifications The Preliminary Design will include A Survey B Geotechnlcal investigation C Preliminary boring calculations D Preparation of easement legal descriptions and exhibits E Coordination with utilities and ROW holders 1 GTE 2 Denton Municipal Utilities 3 Denton Engineer 4 TxDOT 5 Union Pacific Railroad 6 Burlington Northern and Santa Fe Railroad 7 Lone Star Gas 8 Marcus Cable F Preparation of Opinion of Probable Construction Cost G Preparation of Prehmlnary Plans (plan view only) H Preparation of Specification Outline Page 2 Attendance at one meeting to discuss OWNER's comments Serwces provided by OWNER I Sample Contract Documents and Specifications 2 Rewew and comments on Prehm~nary Design Deliverables 1 3 - cop~es of the Prehmmary Construction Plans (plan wew only) 2 3 - cop~es of the Specification Outhne mcluthng mater~al select~on 3 3 - copies of the Opinion of Probable Construction Cost 4 1- copy of the Geotechmcal Report Task 3 - Final Dealgll Once the Prehm~nary Design has been approved by the OWNER, K~mley-Horn w~ll proceed with the Final Design or 95% plans and spectfieattons The F~nal Design will ~nclude A Prepare engineering plans and specdtcatlons and construction contract documents in accordance w~th an approved route and for project bidding and regulatory approval Plans shall constst of 22"x 34" plan and profile sheets at a scale of 1" =40' hortzontal, and 1" = 4' vertical Specd~cat~ons shall include techmcal specd~catlons for materials and installation of the proposed facdmes We anttc~pate approxtmately 25 sheets of plans for the 20-tach waterhne The contract documents shall follow the City of Denton requirements for pubhc works construction B Submit to the OWNER 95% complete plans, specdicat~ons, contract documents, and Oplmon of Probable Construction Cost for rewew and comment C Attend one meeting to present 95 % design and dehverables D Attend one meeting to d~scuss OWNER's comments E Prepare for and attend one public uttht~es Board Meeting F Prepare and submit Railroad Permits apphcatlons A Prepare and submit H~ghway Permits apphcat~ons B Prepare and submit Corp of Engineers Permits apphcat~on (Assumes can be filed under National 404 permit) Addmonal permitting beyond the national permit wdl be considered additional services C Make submittals to the franchise utlhty companies J Submit final plans to appropriate regulatory agencies for review K Make revisions based on the OWNER's rewew of the 95 % submittal L Services provided by OWNER 1 Rewew and comment on F~nal Design M Dehverables 1 3 - cop~es of the 95 % Construction Plans and Specifications 2 3 - copies of the Opinion of Probable Construction Cost 3 3 - cop~es of a letter addressing OWNER's comments 4 3 - cop~es of the Final Construction Plans and Specifications 5 I - Copy of Reproducible Bidding Documents (Plans and Spec~ficatlons) Page 3 Task 4 - Biddmg Professional services under this phase shall include A Issue addenda as appropriate to interpret, clarify or expand the bidding documents B Services provided by OWNER 1 Bidding document reproduction and distribution 2 Advertising 3 Tabulations and contract execution Task 5 - Construction Contract Admlmstrat~on Services under this phase involve consulting with and advising the CITY during construction and are lunlted to those services associated with construction contract admlmstratlon Such services shall include A Attend the pre-construction conference B Review shop drawings submitted by the contractor for general compliance with the intent of the design This item Includes boring submittals only C Issue necessary interpretations and clarifications of contract documents D Prepare documentation required to resolve problems due to actual field conditions encountered E Prepare record drawings based on the comments provided by the OWNER and the contractor Since Kunley-Horn will not be providing construction observation services, we will not seal the record drawings F Services provided by OWNER 1 Daily pro. lect inspection 2 Review and process monthly pay estimates 3 Prepare change orders 4 Shop drawing review not provided by consultant G Hold construction meetmgs J Resolve construction related issues I Deliverable 1 1 - Copy of Record Drawings 2 1 - Reproducible set of Record Drawings 3 1 - Electronic set of Record Drawings 5 Schedule We will perform these services upon receipt of an executed copy of this agreement and a Notice To Proceed We will endeavor to meet your scheduling needs We anticipate the following schedule for each task Page 4 Task 1 - Ahgnment Analys~s K~ck-off meeting after not~ce to proceed 20 days Letter report dehvered to CITY, days after 30 days the k~ck-off meeting Task 2 - Prelmunary Design Dehvery of Prehmmary Design report, days after 80 days the approval of the ahgnment analys~s Task 3 - lq~,nal Design Dehvery of 95 % plans, days after 60 days approval of the Prehmmary Design Dehvery of final plans, days after the 20 days receipt of comments on the 95 % plans Task 4 - B~dd~ng On-going with b~dd~ng - - ~ Task 5 - Construction Contract Admm~strat~on On-going with constructton - - - END OF EXHIBIT B Page 5 EXItIBIT B to Agreement Between the City of Denton, Texas (O'¢FNER) and Kimley-Horn and Associates, Inc (CONSULTANT) for Professional Services COMPENSATION This is an exhibit attached to, made a part of and incorporated by reference ~nto the Agreement between OWNER and CONSULTANT providing for professional engineering services 2 CONSULTANT will accomplish the work outlined in Tasks I - 5 presented in Exhibit "A" of this Agreement for a lump sum fee of $172,800 for all scope of servmes and d~rect expenses associated with the same The lump sum fee ~s composed of the following Task 1 - Ahgnment Analys~s $ 20,800 Task 2 - Prehmlnary Design $ 85,200 Task 3 - Final Design $ 57,400 Task 4 - Bidding $1,200 Task 5 - Construetmn Contract Admlnlstratmn $ 8,200 3 CONSULTANT wdl invoice the O¥~NER for the value of the partially completed services, according to the services accomplished each month on a proportional basis to the overall project 4 Due to the difficulty m definmg a finite Scope of Services for Addttlonal Services, CONSULTANT will provide the services described m Article III, Additional Servmes on a labor fee plus expense bas~s Labor fees are to be computed on the basis of labor hours charged to the project and the Klmley-Horn Billing Rate Schedule in effect at the time services are rendered The current Klmley-Hom Billing Rate Schedule is shown below Dtrect reimbursable expenses such as express mall, fees, out-of-town mileage (trips m excess of 100 males) and other direct expenses wdl be billed at cost An amount equal to SlX percent (6%) of the labor fees will be added to each mvome to cover certmn other direct expenses such as m-house dupheatmg and blueprinting, facsimile, local mileage, telephone, postage, and word processing computer time Technical use of computers for design, analysis, and graphics, ere wdl be billed at $25 00 per hour All permitting, apphcatton, and similar project fees will be paid direct by the OWNER P~el CURRENT HOURLY RATE SCHEDULE Project Manager $115 to $170 Semor Engineer $110 to $155 Graduate Engineer $75 to $105 Engmeer/Landscape Architect $70 to $105 RPLS $70 to $105 Destgner $85 to $100 Analyst $70 to $105 CAD Techmcmn $45 to $85 Clerical $35 to $55 Computer $25 to $30 Effective through July 1, 1999 END OF EXHIBIT C P~e2